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Section 36 Firearms Act 1996 (NSW)

s 36 Unregistered firearms

(1)

A person must not supply, acquire, possess or use a firearm that is not registered.
Maximum penalty—imprisonment for 14 years if the firearm concerned is a pistol or prohibited firearm, or imprisonment for 5 years in any other case.
Note—
Reference to a pistol includes a prohibited pistol.

(2)

It is a defence to a prosecution for an offence under this section to prove that the defendant—

(a)

did not know, or could not reasonably be expected to have known, that the firearm concerned was unregistered, and

(b)

was not the owner of the firearm at the time of the alleged offence.

(3)

A licensed firearms dealer does not commit an offence under this section of acquiring or possessing an unregistered firearm if an application for registration of the firearm is made within 24 hours after acquiring or taking possession of the firearm.

(4)

A person who is a resident of another State or Territory does not commit an offence under this section of possessing or using an unregistered firearm if the firearm is registered under a law in force in that other State or Territory.

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